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Ketraco ordered to compensate Naivasha land owner Sh29 million
Ketraco did not file a response or sworn evidence to counter the allegations. It only submitted legal written arguments, leaving the landowner’s factual claims unchallenged.
The Land Acquisition Tribunal has ordered the Kenya Electricity Transmission Company (Ketraco) to pay Sh28.7 million to a Naivasha landowner after ruling that the utility firm failed to honour a compensation agreement for a wayleave created five years ago.
The tribunal also awarded interest and costs to the landowner, Lakeview Panorama Limited, but dismissed a claim for trespass.
The dispute concerned 7.655 acres in Kedong area, where Ketraco erected high-voltage transmission lines in 2020. The company offered the landowner Sh28.7 million as compensation in December of that year.
Lakeview accepted the offer and ceded its original title for registration of an easement, as required under the terms of the agreement. However, the payment was never made.
Lakeview filed a case at the tribunal claiming that it had suffered loss of use of the affected land after the company failed to pay despite taking possession and registering the wayleave.
The company argued that each day of unpaid occupation amounted to a fresh act of trespass. It filed the claim in August 2025 after years of unsuccessful follow-ups.
Ketraco did not file a response or sworn evidence to counter the allegations. It only submitted legal written arguments, leaving the landowner’s factual claims unchallenged.
The tribunal ruled that Ketraco’s failure to pay the agreed sum was unlawful. It was observed that the offer was clear, unconditional, and duly accepted, creating an enforceable obligation.
“Having created a wayleave on the suit property upon the acceptance of the compensation offer, the respondent was under a duty to pay promptly. The applicant’s claim that compensation has not been paid to date has not been disputed,” the tribunal ruled.
It noted that the landowner had fulfilled all required steps, including handing over the title for registration of the easement. “The applicant is entitled to immediate payment of compensation as contained in the offer letter dated December 9, 2020,” it stated.
However, the tribunal rejected the trespass claim. It found no evidence that Ketraco entered the land before the compensation offer was made.
It also ruled that Lakeview consented to the construction of the transmission line by accepting the offer and facilitating the registration of a wayleave. It held that this consent “negates any claim for trespass or continuing trespass” and dismissed the request for damages linked to trespass.
The tribunal gave Ketraco 45 days to release the Sh28.7 million and pay interest and court costs. It also awarded interest on costs from the date of judgment until full settlement.
